Constitutional Provisions relating to services between Union and Delhi
DOI:
https://doie.org/10.0723/AS.2024782952Keywords:
governance, legal disputes, power, distribution, administrative, federalism.Abstract
Delhi's governance framework, outlined in Article 239AA of the Indian Constitution, creates a unique administrative model for the NCT. In 1991, the 69th Constitutional Amendment Act gave Delhi a unique status that combined statehood and Union Territory governance. This provision allows the Delhi Legislative Assembly to legislate on State List and Concurrent List matters, except for public order, police, and land, which the Lieutenant Governor handles. Delhi service control is a key legal dispute. The Union government through the LG must legislate services, not the elected Delhi government, according to the Supreme Court. This decision highlights Delhi's nuanced governance structure, where the elected Council of Ministers has legislative powers but crucial national interests are under central authority. Recent legislation, such as the Government of National Capital Territory of Delhi (Amendment) Act, 2023, has reshaped power distribution, sparking constitutional challenges. The Supreme Court has consistently interpreted Article 239AA to hold that Delhi's Legislative Assembly is the state in some ways, but the LG oversees vital national integration and security functions unless explicitly delegated. Delhi's Article 239AA governance balances local autonomy and national imperatives. Legal debates and judicial rulings highlight the difficulties of defining executive authority in India's capital. This study critically analyses these dynamics, examining legal interpretations, governance efficiency, and federalism and administrative justice in the Indian constitutional framework.